heidi: (legally)
[personal profile] heidi
Replicating this from [livejournal.com profile] rivkat's LJ:
If a private lawyer sends you a letter and tells you not to quote or discuss it, that's not a legal requirement. Sending a letter to a stranger doesn't create a confidential relationship. You wouldn't believe it if the letter promised you 50 million dollars as long as you kept the matter confidential and provided access to your checking account; don't believe it here. Chillingeffects.org is a good place to learn more, and even maintains a database of threat letters submitted by recipients.

Publicity, of course, has costs and benefits, but it should be considered on its own merits, not distorted by threats.


USA-applicable only. In other countries, YMMV.


I will stop being spammity now, and go to sleep.

(no subject)

Date: 2008-07-30 01:32 pm (UTC)
From: [identity profile] gonzai55.livejournal.com
But do remember that any attorney worth his/her salt will tell you to shut up and be quiet about it. It may not be a legal requirement not to discuss legal actions, but it's a very wise and practical idea not to. Talking out of school can dig you in deeper than you were to start with.

(no subject)

Date: 2008-07-30 02:46 pm (UTC)
From: [identity profile] heidi8.livejournal.com
As a general rule, I agree with you about what one should do - but that action isn't a legal requirement. Even if a cease and desist letter says it's 'confidential', the recipient is still allowed to, say, show that letter to potential legal counsel, or mom and dad, or the other admins on the website.

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